Practically anything is capable of functioning as a trademark. This includes a word or phrase (IF IT IS GOYA IT HAS TO BE GOOD), a letter or letters (LV for pocketbooks), a number or series of numbers (346 for clothing), a sound (the sound of a ringing cash register for notification services that funds have been deposited), a color (pink for insulation) and packaging, (a fanciful bottle or label for alcoholic beverages).
While an applicant can file his or her own trademark application, attorneys who are familiar with trademark matters represent most applicants. Before you select, begin use of and build equity in your trademark, Baker and Rannells suggests a thorough search be conducted to determine whether your selected mark may be in conflict with an already existing mark.
Some trademark owners may have valid and protected trademark rights that do not result from federal registration with the USPTO and therefore may not appear in the USPTO’s Trademark Electronic Search System database. Before ever filing a trademark application, a Baker and Rannells trademark attorney can conduct a more comprehensive search for potential problems with your use of a proposed mark. The attorney can then counsel you regarding use of the mark, recommend whether to file a trademark application, and advise you on your likelihood of success in the registration process.
Baker and Rannells, PA has repeatedly been listed among the top 100 law firms by the U.S. Patent and Trademark Office for the number of trademark applications it has successfully filed each year. The filing of a trademark application begins a legal proceeding having many legal requirements and strict time deadlines. Not all applied-for trademarks successfully register, and filing fees are not refundable. Whether you ultimately proceed on your own behalf or a trademark attorney represents you, all requirements of the Trademark Act and Trademark Rules of Procedure must be met.
Baker and Rannells has successfully prosecuted and maintain thousands of trademark applications and registrations throughout the world. Only as a result of its many years of trademark experience can Baker and Rannells assist you in selecting, filing, registering and developing your trademark.
Whether within the United States or internationally, Baker and Rannells offers trademark searches and can assist with expanding your trademark rights beyond U.S. borders. The prosecution of your trademark in the United States Patent and Trademark Office is only one aspect of Baker and Rannells’ trademark practice. Our trademark attorneys have established a reputation for enforcing your trademark in the market place. This includes enforcement actions, anti-counterfeiting measures and when necessary trademark infringement and counterfeiting actions in the Federal Courts.
For more information, please contact our office or call (908) 722-5640 today.